How to Resolve a Disagreement

Wherever possible we want to enable issues and disagreements to be discussed and resolved at the earliest opportunity. This may be an informal chat with a teacher, social worker or health professional initially. Schools, colleges and services will have their own published policies and/or guidance for addressing complaints and disagreements and the arrangements described below are not intended to replace these.

However, it is recognised that there may be instances where a more formal opportunity for meeting and talking with those involved in supporting children and young people with special educational needs and/or disabilities, facilitated by an independent and neutral third party, is required. Such discussions would include the parents and carers. They may also involve the children and young people themselves, as appropriate.

This page sets out the different processes available depending on the nature of the issue/disagreement, in line with the SEND Code of Practice 2015 and updated to include the Single Route of Redress which came into force in April 2018.

DRS is the process for exploring and addressing issues about any aspect of SEN provision, including health and social care disagreements. The child or young person does not have to have, or be in the process of being assessed for, an Education, Health and Care Plan in order to access the disagreement resolution process. It is intended to provide a quick and non-adversarial way to resolve disagreements.

Following a tendering process Global Mediation Ltd was appointed to provide a Disgareement Resolution Serviceacross the East Midlands region. This service is free of charge to users and their contact details are as follows:

Tel: 0800 064 4488 or from a mobile phone at local rate on 0208 441 1355

DRS is the process for exploring and addressing issues about any aspect of SEN provision, including health and social care disagreements. The child or young person does not have to have, or be in the process of being assessed for, an Education, Health and Care Plan in order to access the disagreement resolution process. It is intended to provide a quick and non-adversarial way to resolve disagreements.

Following a tendering process Global Mediation Ltd was appointed to provide a Disgareement Resolution Serviceacross the East Midlands region. This service is free of charge to users and their contact details are as follows:

Tel: 0800 064 4488 or from a mobile phone at local rate on 0208 441 1355

Mediation Services are specifically focused on issues and disagreements relating to the Education, Health and Care (EHC) process. Parents have the right of appeal to the First Tier tribunal if they disagree with a Local Authority decision within the EHC process, e.g.:

The LA decides that an EHC needs assessment is not necessary

After an EHC needs assessment is completed, the Local Authority decides that an EHC plan is not necessary

Other changes to the EHC plan following the Annual Review process.

Parents and young people are required to consider formal mediation if they wish to lodge an appeal against these decisions, unless they are only disagreeing with the name of the education placement named on an EHC plan. Mediation advice is also not required where the disagreement is in relation to a disability discrimination claim. (Please see the downloadable guidance on this page for further information about disability discrimination claims).

Parents and young people will need to obtain a certificate to demonstrate that they have at least considered mediation prior to lodging an appeal, or a certificate to say they have taken part in mediation. This certificate will be issued by a Mediation Adviser, who can provide support and guidance to you about what can be appealed to tribunal, how mediation can be accessed and who the appointed mediators are for the East Midlands.

Following a tendering process Global Mediation Ltd was appointed to provide mediation advice across the East Midlands region. This service is free of charge to users and can be accessed via the following Freephone number – 0800 064 4488 or from a mobile phone at local rate on 0208 441 1355.

When Local Authorities make certain decisions about the education and/or training of a child or young person with special educational needs and/or a disability (SEND), there is a right of appeal to the First-tier Tribunal. If the decision concerns a child, it is the parent who has the right of appeal. If the decision concerns a young person, then it is the young person who has the right of appeal. Please see the relevant detailed guidance on the right side of this page:

Resolving disagreements: decision about whether to carry out an EHC needs assessment

Previously parents and young people have only been able to appeal against the educational aspects of the EHC plan. However, there is a new national trial which now gives parents or young people rights to request non-bindingrecommendations about health and social care needs and the associated provision specified in the EHC plan. The trial applies to decisions made or EHC plans issued/amended from 3 April 2018. This trial is also known as the ‘Single Route of Redress’.

The First-tier Tribunal is only able to consider appeals against the health and/or social care aspects of an EHC plan if you have already registered an appeal against the educational elements of the plan and this part of the appeal remains ‘live’ throughout the appeal process.

If you are a young person aged 16 -25 in school or college and have a complaint or dispute about the education provision you are receiving and need help to sort these problems out you can access guidance on this by clicking on the following link: SEND Complaints: A Guide for Young People In Education

External Links

Facebook is monitored during office hours Monday - Friday, however if your enquiry is serious, urgent or involves personal details, we advise you to contact the team on 0300 500 80 80 or email: enquiries@nottscc.gov.uk